Punitive Damages Reform: HB 729 (1995): N.C. Gen. Stat. §§ 10-15(b), 1D‑25 .
Limits the award of punitive damages to the greater of
Limits the award of punitive damages to the greater of three times the award of compensatory damages or $250,000, unless the defendant caused the injury by driving while impaired. Requires a plaintiff to show by “clear and convincing” evidence that a defendant was liable for compensatory damages and acted with fraud, malice, willful or wanton conduct. Requires the determination of awards for punitive damages to be made in a separate proceeding at the request of the defendant. The statute limiting punitive damages awards to the greater of three times compensatory damages or $250,000 did not violate the right to a jury trial, separation of powers principle, open courts guarantee, prohibition against special legislation, or the principles of due process, equal protection or the right to enjoy the fruits of one’s labor under the State Constitution, and was not void for vagueness. Rhyne v. K-Mart Corp., 2002 WL 553461 (N.C. App. Apr. 16, 2002).
Latest News
View all news
‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
America’s Top 9 Worst Judicial Hellholes®
Left unchecked, these jurisdictions will continue dragging down economic growth and undermining justice through rampant lawsuit abuse.
ATRA Commends J&J’s Plan to Resolve Notorious Talc Lawsuits
Claimants Given Opportunity to Vote on Plan; Judge to Reconsider Scientific Validity of Plaintiffs’ Experts
The Lab Whose Junk Science Is Fueling a Frenzy of Litigation
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic
Law Firms Spent $168M+ on 2.2M Ads in Georgia
Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems